Implied surrender/ surrender by operation of law – what is it?
Implied surrender (which I mentioned also here) is a useful rule in landlord and tenant law.
In most cases if a tenant fails to give up possession of a property, the landlord has to get a court order before he can re-take the property (and even [...]
Tag Archive: abandonment
Landlord and tenant law – implied surrender explained
Urban Myth – you don’t need to get a possession order if you use an abandonment notice
When I started acting for landlords I had never heard of abandonment notices. I suspect that most lawyers reading this won’t have heard of them either. So far as I am aware, they are not mentioned in any of the law books.
However they are a well known tactic among landlords and letting agents. [...]
Murphys law
My client I wrote about yesterday contacted me today. It looks as if the tenants are moving out after all. Too late though to save him the cost of my drafting up his paperwork. But of course if we had waited, they would have stayed there forever and he would never have [...]
The Abandonment problem
Its tough on landlords. They provide the property, for which they are normally still making mortgage and other payments, and they are responsible for its upkeep and maintenance (for which they can be sued if they fail to comply), but what can they do if the tenant fails to keep his part of the [...]
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